2007 No. 175

ENVIRONMENTAL PROTECTION, ENGLAND

The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007

Made

Laid before Parliament

Coming into force

The Secretary of State is, in relation to England, the appropriate person as defined—

a

in section 11(1) of the Refuse Disposal (Amenity) Act 19781, for the purpose of exercising the powers conferred by sections 2A(11) and 2C(2)(d) and (3) of that Act;

b

in section 9(1) of the Control of Pollution (Amendment) Act 19892, for the purpose of exercising the powers conferred by sections 5B(12) and 5C(3)(b) and (4) of that Act;

c

in section 29(1A)(a) of the Environmental Protection Act 19903, for the purpose of exercising the powers conferred by sections 34A(12), 47ZB(4) and (5) and 73A(2)(b) and (3) of that Act;

d

in section 98(1A)(a) of the Environmental Protection Act 19904, for the purpose of exercising the powers conferred by sections 88(11) and 97A(1), (2) and (4) of that Act;

e

in section 11(2A)(a) of the Noise Act 19965, for the purpose of exercising the powers conferred by sections 8A(4) and (5) and 9(4A)(b) and (4B) of that Act;

f

in section 47(1) of the Anti-social Behaviour Act 20036, for the purpose of exercising the powers conferred by sections 43A(4) and (5) and 47(4) of that Act;

g

in section 9(2) of the Clean Neighbourhoods and Environment Act 20057, for the purpose of exercising the powers conferred by sections 6(11) and 8(2)(d) and (3) of that Act;

h

in section 66(a) of the Clean Neighbourhoods and Environment Act 2005, for the purpose of exercising the powers conferred by sections 59(12) and 60(4) and (5) of that Act; and

i

in section 81(1) of the Clean Neighbourhoods and Environment Act 2005, for the purpose of exercising the powers conferred by sections 74(4) and (5) and 75(2)(d) and (3) of that Act.

Where applicable, the powers cited in sub-paragraphs (a), (b), (c), (e), (g) and (i) of the preceding paragraph are exercised in accordance with section 100(1) of the Local Government Act 20038.

In respect of regulations 4 and 5, in accordance with section 2C(7) of the Refuse Disposal (Amenity) Act 1978, section 5C(8) of the Control of Pollution (Amendment) Act 1989, section 73A(7) of the Environmental Protection Act 1990, section 9(4F) of the Noise Act 19969, and sections 8(7) and 75(7) of the Clean Neighbourhoods and Environment Act 2005 the Secretary of State has consulted those authorities10 to which these Regulations apply and such other persons as he thought fit or, in the case of section 9(4F)(b) of the Noise Act 1996, considered appropriate.

The Secretary of State makes the following Regulations in exercise of the powers cited in sub-paragraphs (a) to (i) of the first paragraph: